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Bombay High CourtWP/3358/2025disposed off

Yadurao Ananda Kakade Alias Survashe v. The State Of Maharashtra

2025-03-06Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Gautam A. Ankhad5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6765 OF 2018 Suman Sachin Jain & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 2127 OF 2018 IN WRIT PETITION NO. 6765 OF 2018 WITH WRIT PETITION (ST) NO.209 OF 2021 WITH WRIT PETITION (ST) NO. 215 OF 2021 WITH WRIT PETITION NO. 1034 OF 2022 WITH WRIT PETITION NO. 3358 OF 2025 by SUNNY ANKUSHRAO THOTE Date:

2025.03.07 18:14:00 +0530 SUNNY ANKUSHRAO THOTE WITH WRIT PETITION NO. 7428 OF 2024 WITH WRIT PETITION (ST) NO. 6104 OF 2022 WITH WRIT PETITION (ST) NO. 6144 OF 2022 WITH WRIT PETITION NO. 6767 OF 2018 WITH WRIT PETITION NO. 12259 OF 2024 WITH WRIT PETITION NO. 12204 OF 2024 WITH WRIT PETITION NO. 12840 OF 2024 WITH WRIT PETITION NO. 14887 OF 2023 WITH WRIT PETITION NO. 14889 OF 2023 WITH WRIT PETITION NO. 6080 OF 2021

WITH WRIT PETITION NO. 6082 OF 2021 WITH WRIT PETITION NO. 6081 OF 2021 WITH WRIT PETITION NO. 4410 OF 2024 WITH WRIT PETITION 14687 OF 2023 WITH INTERIM APPLICATION NO. 14766 OF 2024 IN WRIT PETITION NO. 14687 OF 2023 Sinhgad Technical Education Society ...Applicant

Versus

Meenakshi Dhar & Ors.

...Respondents

WITH WRIT PETITION NO. 10693 OF 2022 WITH WRIT PETITION NO. 19391 OF 2024 WITH WRIT PETITION NO. 19392 OF 2024 Mr. Suresh Pakale, Senior Advocate with Mr.Nilesh Desai for the Petitioners in WP No. 6765 of 2018.

Mr. Pranav Bhote, Advocate for the Petitioners in WP/12259/2024, WP/12204/2024, WP/12840/2024.

Ms. Smita Mane, Advocate for the Petitioners in WP/19391/2024 and WP/19392/2024.

Mr. Vaibhav Ugle i/by Mr. Vikas Somawanshi, Advocate for the Petitioners in WP/1034/2022, WP/3358/2025, WP/10693/2022. Mr. Vaibhav Kulkarni a/w Mr. Prathamesh Deshpande, Mr. Yash Agarwal, Ms. Disha Rathdo, Advocate for the Petitioner in WP/7428/2024.

Mr. N.C. Walimbe, Addl. G.P. a/w Mr. V.M. Mali, AGP for the Respondent/State in WP/6765/2018.

Ms. P.M.J. Deshpande, AGP for the Respondent/State in WP/1034/2022.

Mr. S.P. Kamble, AGP for the Respondent/State in WP/6767/2018. Ms. Priyanka Chavan, AGP for the Respondent/State in WP/4410/2024.

Mr. Rajendra Anbhule a/w Ms. Nisha Ahire, Ms. Pooja Pal, Advocate for Respondent No.5 in WP/6765/2018 & Respondent No.3 in WP/6767/2018.

Mr. Rui Rodrigues, Advocate for Respondent No.3 in WP/6767/2018 and WP/14889/2023.

Mr. V.P. Sawant, Sr. Advocate a/w Mr. Nitin Dhumal, Advocate for Respondent No.6.

Ms. Anjali Helekar, Advocate for AICTE, in WP/7428/2024, WP(ST)/6104/2021, WP(ST)/6144/2022, WP/12259/2024, WP/12204/2024, WP/12840/2024, WP/14889/2023, WP/6080/2021, WP/6081/2021, WP/4410/2024, WP/10693/2022, WP/19391/2024, WP/19392/2024.

Mr.Rahul Kamerkar with Mr.Aparajita R. Jha, Advocate for the CBSE in WP/14887/2023, WP/6082/2021, WP/14687/2023 & IA/14766/2024.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 6th MARCH, 2025 P.C. :- 1.

We have considered further submissions of the learned Sr. Advocate, Mr. Pakale on behalf of the Petitioners and the learned Sr. Advocate, Mr. Sawant on behalf of the Management/Institute along with the learned AGP.

2.

Mr. Sawant informs us that the IT Department has passed an order dated 10th February, 2024, by which all the accounts of the Management have been frozen and further amounts that may be granted by the Government under particular schemes, would be shared with the IT Department to the extent of 50%. Rs.9 Crores, as per the learned AGP's statement on instructions, would be reaching the treasury and thereafter, would be transmitted to the Management to the extent of 50%, and 50% would be payable to the IT Department. Out of the half amount that may come to the Management, some portion would be directly paid to the students towards share of the State Government in relation to the examination fees of certain category of students. 3.

The learned Sr. Advocate, Mr. Sawant is under instructions to say that whatever amount, out of Rs.9 Crores, is delivered to the Management, they would not spent a single penny out of that amount and the same would be reserved for satisfying the part payments to the Petitioners in Writ Petition No.6765 of 2018. 4.

Insofar as the amount of Rs.14,73,36,212/-, the learned AGP submits that he would take instructions as regards the same

and convey to the Court, on the next date. On his request, a short affidavit in reply may be tendered by 10th March, 2025. 5.

List this Petition on 11th March, 2025 at 2:30 p.m. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)